Law - Takings Tests Flashcards
Loretto test
Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, (1982)
PHYSICAL INVASION: A government regulation is a taking when the government authorizes a permanent physical occupation of real/personal property
Lucas test
Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)
LOSS OF ALL ECONOMIC USE: The regulation is a taking when the regulation causes the loss of all economically beneficial/productive uses of the land, unless the regulation is justified by background principles of property law/nuisance law
Nollan test
Nollan v. California Coastal Commission (1987)
RATIONAL NEXUS - EXACTIONS: A government agency cannot impose a condition when granting a private property owner’s building permit unless the condition has a rational nexus connecting it to a legitimate government interest.
Dolan test
Dolan v City of Tigard (1994)
ROUGH PROPORTIONALITY - EXACTIONS: When a government authority attaches a condition to a building permit, the burden on the property owner must be roughly proportionate to the benefit for the government.
Hadacheck test
Hadacheck v. Sebastian (1915)
NOXIOUS USE: Under this test, a regulation adopted under the police power to protect the public health, safety, or welfare is not a taking, even if the taking reduces the value of property.
Agins test
Agins v. City of Tiburon (1980)
2 Parts:
1. Does this action substantially advance a government interest?
2. Is the owner still able to make economically viable use of his land?
If the answer to both is yes, not a taking.
Lingle test
Lingle v. Chevron (2005)
SEVERITY OF BURDEN: Takings clause challenges to regulations had to be based on the severity of the burden that the regulation imposed upon property rights, not the effectivness of the regulation in furthering the governmental interest.
Pennsylvannia Coal Test
If a regulation goes too far
Grand Central test
Established a means-end balancing test
Nectow test
RATIONAL BASIS
